Criminal Law: Ascertainability

Abstract

The six appellants appealed against a decision of the Pitcairn Court of Appeal, sitting in New Zealand, upholding their convictions by the Pitcairn Supreme Court for rape and indecent assault under ss 1 and 14 of the Sexual Offences Act 1956. The offending had taken place over a period in excess of 30 years and the appellants and complainants comprised a substantial proportion of the population of Pitcairn. The proceedings were challenged by defence counsel on various grounds. The first challenge was to British authority over the Islands. The second challenge was to the assumption that the Sexual Offences Act 1956 applied in Pitcairn. The third argument was that the court should use its discretion to stay the proceedings because they were an abuse of process.